Allowed¶31

Gurwinder Singh Alias Gorkha v. Ut of Chandigarh and Others

Punjab & Haryana HC7 Jul 2026CRM-M/15373/2026

Case brief

AI extract

What is this about?

CRM-M-15373-2026 (O&M), High Court of Punjab and Haryana, Shalini Singh Nagpal J., decision 07.07.2026 — quashing of FIR No. 38 dated 14.03.2026 under Sections 115(2), 117(2), 118(2), 351(2), 351(3) Bharatiya Nyaya Sanhita 2023, PS Sarangpur, Chandigarh, on compromise dated 15.01.2026; JMIC report of valid, voluntary compromise; Kulwinder Singh 2007(3) RCR (Criminal) 1052 (P&H Full Bench) and Gian Singh (2012) 10 SCC 303 followed; FIR and consequential proceedings quashed qua petitioner Gurwinder Singh alias Gorkha.

What did the court decide?

Petition allowed; FIR No. 38 dated 14.03.2026 under Sections 115(2), 117(2), 118(2), 351(2), 351(3) Bharatiya Nyaya Sanhita, 2023, Police Station Sarangpur, Chandigarh, and all consequential proceedings arising therefrom, quashed qua the petitioner. ¶31

Gurwinder Singh Alias Gorkha Vs Ut of Chandigarh and Others — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 38 dated 14.03.2026 under Sections 115(2), 117(2), 118(2), 351(2), 351(3) Bharatiya Nyaya Sanhita, 2023, Police Station Sarangpur, Chandigarh, and all subsequent proceedings arising therefrom, may be quashed on the basis of compromise dated 15.01.2026. +1 more

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Court's answer

Following the principles of law laid down by the Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052, and by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and others, (2012) 10 SCC 303, the petition is allowed.

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Ratio / Principle

Since the matter has been amicably settled between the parties, continuation of the criminal proceedings would be an exercise in futility.

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Key takeaways

FIR No. 38 dated 14.03.2026 under Sections 115(2), 117(2), 118(2), 351(2), 351(3) Bharatiya Nyaya Sanhita, 2023, Police Station Sarangpur, Chandigarh, and all consequential proceedings arising therefrom, are quashed qua the petitioner.ratio¶32

Detailed headnote1 paragraphs

Quashing of FIR on compromise — Petitioner Gurwinder Singh alias Gorkha sought quashing of FIR No. 38 dated 14.03.2026 under Sections 115(2), 117(2), 118(2), 351(2), 351(3) Bharatiya Nyaya Sanhita, 2023, Police Station Sarangpur, Chandigarh, and all subsequent proceedings arising therefrom, on the basis of compromise dated 15.01.2026. On the Court's direction (order dated 20.03.2026), the parties appeared before learned JMIC, Chandigarh on 10.04.2026; the statement of Investigating Officer ASI Darshan Singh was recorded on 15.05.2026; and the JMIC reported satisfaction that all parties had entered into a valid compromise without any influence or coercion. Holding that continuation of criminal proceedings after amicable settlement would be an exercise in futility, and following the principles laid down by the Full Bench of this Court in Kulwinder Singh (2007(3) RCR (Criminal) 1052) and by the Supreme Court in Gian Singh ((2012) 10 SCC 303), the High Court allowed the petition and quashed the FIR and all consequential proceedings arising therefrom qua the petitioner.

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CRM-M-15373-2026 (O&M)

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289

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-15373-2026 (O&M) Date of decision: 07.07.2026

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GURWINDER SINGH ALIAS GORKHA

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...PETITIONER

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VERSUS

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UT OF CHANDIGARH AND OTHERS

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...RESPONDENTS

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CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL

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Present: Mr. Randeep Singh Gill, Advocate for the petitioner.

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Mr. Tarun Vir Singh Lehal, APP, U.T. Chandigarh.

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Mr. H.S. Sidhu, Advocate for respondents No.2 and 3.

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SHALINI SINGH NAGPAL J.

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Petitioner seeks quashing of FIR No. 38 dated 14.03.2026 under Sections 115(2), 117(2), 118(2), 351(2), 351(3) Bharatiya Nyaya Sanhita, 2023, Police Station Sarangpur, Chandigarh and all subsequent proceedings arising therefrom, on the basis of compromise dated 15.01.2026.

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On 20.03.2026, this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements on the basis of compromise.

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In compliance of the aforesaid order, parties appeared before learned JMIC, Chandigarh on 10.04.2026. Statement of Investigating Officer ASI Darshan Singh was recorded on 15.05.2026. Learned JMIC, Chandigarh has submitted her report recording satisfaction that all the parties have

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entered into a valid compromise without any influence or coercion. PointSUMIT SINGLA 2026.07.07 19:23 I attest to the accuracy and integrity of this document

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CRM-M-15373-2026 (O&M)

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-2-

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wise report as under has been submitted:

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1. The number of accused arraigned	One accused namely Gurwi	nder
in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/proclaimed persons, in the case.	Singh @ Gorkha; the accused appeared and made the state and as per statement of IO, accused is not absconding and not been declared as proclai person.	has ment the has med
2. The name of the complainant and injured/aggrieved and whether all of	The name of complainant Raghuvir and name of victim/inj	is ured
them have appeared and made their	is Harsh @ Honey. Both of t	hem
statements in support of the compromise.	have appeared before the Court have suffered statements in sup of compromise.	and port
3. the stage of trial/proceedings pending;	The case is at the stage investigation.	of
4. if the compromise is genuine, voluntary out of free will of the	Respected sir, after going thr the statements of the parties,	ough this
parties.	Court is of the opinion compromise deed dated 15.03.	that 2026
	has been effected between	the
	complainant, victim accused/petitioner is v compromise and has been effe without there being any kind influence or coercion.	and alid cted of
5. Whether any other criminal case pending against the accused.	No (as per the statement of IO).

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Learned State counsel and learned counsel for respondents No.2 and 3 have not raised any dispute regarding the factum of compromise between petitioner and respondents No.2 and 3 .

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Since the matter has been amicably settled between the parties,

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SUMIT SINGLA 2026.07.07 19:23 I attest to the accuracy and integrity of this document

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CRM-M-15373-2026 (O&M)

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-3-

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continuation of the criminal proceedings would be an exercise in futility.

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Following principles of law laid down by the Full Bench Judgment of this Court in “ Kulwinder Singh and others Vs. State of Punjab and another” 2007(3) RCR (Criminal) 1052 and Hon’ble Supreme Court in “ Gian Singh Versus State of Punjab and others” (2012) 10 SCC 303 , the petition is allowed.

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FIR No. 38 dated 14.03.2026 under Sections 115(2), 117(2), 118(2), 351(2), 351(3) Bharatiya Nyaya Sanhita, 2023, Police Station Sarangpur, Chandigarh and all consequential proceedings arising therefrom, are quashed qua the petitioner.

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Pending miscellaneous applications, if any, stand disposed of.

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(SHALINI SINGH NAGPAL) 07.07.2026 JUDGE

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Sumit Singla

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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SUMIT SINGLA 2026.07.07 19:23 I attest to the accuracy and integrity of this document

Gurwinder Singh Alias Gorkha v. Ut of Chandigarh and Others

Case brief

What is this about?

What did the court decide?

Gurwinder Singh Alias Gorkha v. Ut of Chandigarh and Others

Case brief

What is this about?

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What the court decided

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